- (1.) If we take the factual matrix in a narrow campus we would find that the petitioner's real grievance was for extension of appropriate scale as and by way of ACP benefit that he was entitled to in 1999. He is fighting this litigation for a decade. However, he was not successful in such process. He has now approached us by filing the instant petition against the order of the Tribunal passed in OA No.181/AN/2009. Petitioner claims that he was a labourer being engaged in the Electricity Department of the Administration and entrusted with the job of distribution. He claims his immediate promotion to the post of Lineman, a Group-C post that was to be filled up from amongst the regular Mazdoors having 10 years' experience in distribution and supply system and having educational qualification being read up to 5th standard. The post of Lineman is filled up 75% through promotion and 25% by direct recruit. According to the respondents, the petitioner appeared at the trade test once, however became unsuccessful and thus could not achieve such promotion. When second opportunity came he did not participate.
(2.) As per ACP scheme the petitioner became entitled to the next higher scale than the existing scale that he was enjoying subject to adjustment against the regular promotion. The authority gave such benefit vide order dated May 8, 2000 appearing at pages 39-41 of the petition, he was placed at Serial No.17. He was given the next higher scale applicable for the post of Oilman with effect from August 9, 1999. He was not happy, as according to him he should have been extended the scale of Lineman which he was unsuccessful in getting through regular promotion, as referred to above. He made complaint through proper channel. His complaint was not adhered to. He approached the Tribunal. The Tribunal vide judgement and order dated December 15, 2004 asked the authority to pass a reasoned order as to why he would not be extended such benefit. The authority passed a reasoned order appearing at pages 50-56 of the petition rejecting his claim that became subject matter of challenge in O.A. No.91 of 2005.
(3.) If we look to the reasoned order we would find, the authority was of the view that he was given the first financial upgradation in the next higher scale of Rs.2610-3540 applicable to the post of Oilman. A screening committee was formed for implementation of ACP scheme. They considered the case of the petitioner and extended him such benefit as he would be entitled to the next scale being the scale of Oilman as and by way of next upgradation. According to the respondents, post of Lineman was not the immediate higher post in the existing hierarchy of regular Mazdoor and as such his claim had no merit.;